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Staff Report/Spring Creek Park PUD & Prel. PlatCITY OF KALISPELL Development Services Department 201 Is' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KPUD-21-05/KZC-21-04/KPP-21-08 — Spring Creek Park Planned Unit Development, Zone Change, and Preliminary Plat (Phase 1) MEETING DATE: March 7, 2022 BACKGROUND: GKM Associates, LLC, has submitted an application for a zone change and Residential Mixed Use Planned Unit Development ("PUD") overlay on approximately 90.87 acres located to the east of West Springcreek Road between Two Mile Drive and Three Mile Drive, as well as the preliminary plat for Phase 1 of the development. The property is currently zoned B-1 (Neighborhood Business — about 3.9 acres) and R-3 (Residential — about 87 acres) with a PUD overlay. The proposed zone change would change approximately 25.6 acres of the R-3 to RA-1 (Residential Apartment). It would also realign and expand the B-1 area to approximately 5.82 acres. The existing PUD overlay would be replaced with a new PUD over the entire property. The PUD would include 65 detached single-family dwellings, 113 townhome/rowhouse dwellings, and 464 multi -family dwelling units, along with 2 commercial lots, park area, and open space. The preliminary plat would cover approximately 40.52 acres in the southeastern portion of the property and include the 65 single-family lots and 95 of the townhome/rowhouse lots, as well as 6.2 acres of open space and 1.52 acres of parkland. The property is located to the east of West Springcreek Road between Two Mile Drive and Three Mile Drive and can be described as Tract 1 of Certificate of Survey No. 20588, a tract of land, situated, lying and being in the Northwest Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on February 8, 2022, to consider the request. Staff presented staff report KPUD-21-05/KZC-21-04/KPP-21-08 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the Council that the request be granted subject to 44 listed conditions. Nine public comments were received at the public hearing, including from the applicant. The public comment generally focused on density, traffic, building heights, and other impacts of the development. The public hearing was closed and motions were presented to adopt staff report KPUD-21-05/KZC-21-04/KPP-21-08 as findings of fact and recommend to the Kalispell City Council that the zone change be approved, the Planned Unit Development be approved subject to the 44 conditions, and the preliminary plat for phase 1 be approved subject to the 44 conditions. Board discussion concluded that the request was appropriate, and the motions were approved on a unanimous vote. RECOMMENDATIONS: ZONE CHANGE AND PLANNED UNIT DEVELOPMENT: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1873, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by rezoning certain real property described as Tract 1 of Certificate of Survey No. 20588, a tract of land, situated, lying and being in the Northwest Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, from B-1 (Neighborhood Business) and R-3 (Residential) to B-1, R-3, and RA-1 (Residential Apartment) and applying a Residential Mixed Use Planned Unit Development Zoning Overlay subject to 44 conditions in accordance with the Kalispell Growth Policy Plan- It 2035, and provide an effective date. PRELIMINARY PLAT: It is recommended that the Kalispell City Council approve Resolution 6061, a resolution approving a request from GKM Associates, LLC, for approval of the preliminary plat for Spring Creek Park Phase 1 (KPP-21-08), a major subdivision preliminary plat consisting of approximately 40.52 acres with 44 conditions of approval, which can be described as a portion of Tract 1 of Certificate of Survey No. 20588, a tract of land, situated, lying and being in the Northwest Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1873 Resolution 6061 February 8, 2022, Kalispell Planning Board Minutes Staff Report Application Materials & Maps link Planning Board Public Comment link c: Aimee Brunckhorst, Kalispell City Clerk KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING FEBRUARY 8, 2022 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Rory Young, George Giavasis, Kurt Vomfell, Joshua Borgardt and Ronalee Skees. Doug Kauffman was absent. PJ Sorensen, Jarod Nygren and Rachel Ezell represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Giavasis moved and Vomfell seconded a motion to approve the minutes of the January 11, 2022, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KPP-22-01 A request from Silvermont Properties, LLLP, for preliminary plat SILVERBROOK ESTATES PH 3 approval for Silverbrook Estates Phase 3, a major subdivision containing 12 lots (10 residential and 2 commercial) on approximately 22.12 acres including the lots, roads, and open space. The property is located in the northeast portion of Silverbrook Estates. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KPP-22-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-22-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. PUBLIC HEARING None. MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-22-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KPUD-21-05/KPP-21-08/KZC-21-04 A request from GKM Associates, LLC, for a zone change and Planned SPRING CREEK PARK Unit Development ("PUD") overlay on approximately 90.87 acres located to the east of West Springcreek Road between Two Mile Drive and Three Mile Drive, as well as and preliminary plat for Phase 1 of the development. The property is currently zoned B-1 (Neighborhood Kalispell City Planning Board Minutes of the meeting of February 8, 2022 Page I 1 Business — about 3.9 acres) and R-3 (Residential — about 87 acres) with a PUD overlay. The proposed zone change would change approximately 25.60 acres of the R-3 to RA-1 (Residential Apartment). It would also realign and expand the B-1 area to approximately 5.82 acres. The existing PUD overlay would be replaced with a new PUD over the entire property. The PUD would include 65 single-family dwellings, 113 townhome/rowhouse dwellings, and 464 multi -family dwelling units, along with 2 commercial lots, park area, and open space. The preliminary plat would cover approximately 40.52 acres in the southeastern portion of the property and include the 65 single-family lots and 95 of the townhome/rowhouse lots, as well as 6.2 acres of open space and 1.52 acres of parkland. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KPUD-21-05, #KPP-21-08 & #KZC-21-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Reports #KPUD-21-05, #KPP-21-08 & #KZC- 21-04 as findings of fact and recommend to the Kalispell City Council that the PUD, the preliminary plat, and the zone change be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board members and staff discussed the increase in density from 229 units in the existing PUD to 642 units in the new PUD, the new traffic study, the level of service changes on the traffic study at Three Mile and Springcreek, as well as what triggers signal lights, stop signs, speed limit changes, etc. Graham asked staff to clarify the adjoining landowner notification process. Sorensen explained the notification is a state law at 150 feet, but the city does 200 feet as a courtesy. PUBLIC HEARING Mike Brodie — 431 Ist Ave W — WGM Group — representative for applicant, talked about the project, addressed some of the board members questions and offered to answer any questions. Diane Etter — 301 Aspen Loop — feels the 40-foot height on the row houses is too high and is concerned with too much density. William Etter — 301 Aspen Loop — concerned with traffic increase, both vehicular and pedestrian. Carol Chilton — 235 Camp Crook — concerned with increase in traffic and the impact the increased density will have on our schools. Carol White — 385 Westland Dr — does not agree with the row houses and would like to see ponds and bike paths. Bob Albert — 265 Aspen Loop — does not agree with the request for variance on lot sizes and building height from 35 to 40 feet. Tracy Rickel — 1058 Blue Grouse Dr — owns 12 properties in the area, she is concerned with increased traffic and density. Kalispell City Planning Board Minutes of the meeting of February 8, 2022 Page 12 Bridget Pellett — 1362 Two Mile Dr — representing numerous homeowners in the area, concerned with density and increased traffic, both vehicular and pedestrian, decrease in wildlife, safety for children entering and exiting school buses. She is also concerned with drainage and how it might affect the wetlands. Mary Gravlee — 545 Triple Creek Dr — concerned with too high of density, losing her view. MOTION — KZC-21-04 Vomfell moved and Young seconded a motion that the Kalispell Planning Board adopt staff report #KZC-21-04 as findings of fact and recommend to the Kalispell City Council that the zoning for the property be changed from B-1 (Neighborhood Business) and R-3 (Residential) to B-1, R-3, and RA-1 (Residential Apartment), with a PUD overlay. BOARD DISCUSSION Board discussed comments regarding zone change and how it fits in the growth policy, the buffer required around the wetlands, storm drainage, traffic impact study and heights of buildings. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPUD-21-05 Vomfell moved and Borgardt seconded a motion that the Kalispell Planning Board adopt staff report #KPUD-21-05 as findings of fact and recommend to the Kalispell City Council that the PUD for Spring Creek Park be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed deviation requested to increase height from 35 to 40 feet, they feel the increase is not enough to make an impact on the surrounding neighborhoods. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-21-08 Vomfell moved and Giavasis seconded a motion that the Kalispell Planning Board adopt staff report #KPP-21-08 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Spring Creek Park Phase 1 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Giavasis noted that he likes that there is more open space in this proposed PUD than in the existing PUD. Board discussed the fact that the engineers and professionals have expertise in these areas, that we rely on their professional evaluations, and cannot easily discard their judgment just because we might disagree with their conclusions ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Staff updated board on recent City Council approvals. NEW BUSINESS Staff updated board on the April 12th Planning Board Agenda and noted the upcoming board terms expiring. Kalispell City Planning Board Minutes of the meeting of February 8, 2022 Page13 ADJOURNMENT The meeting adjourned at approximately 8:12pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of February 8, 2022 Page 14 SPRING CREEK PARK PUD ZONE CHANGE - STAFF REPORT #KZC-21-04 PLANNED UNIT DEVELOPMENT - STAFF REPORT #KPUD-21-05 MAJOR SUBDIVISION - STAFF REPORT #KPP-21-08 KALISPELL PLANNING DEPARTMENT FEBRUARY 2, 2022 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from GKM Associates, LLC, for a zone change, a Residential Mixed Use Planned Unit Development (PUD) overlay, and major preliminary plat for Phase I of the development on approximately 90.87 acres. A public hearing has been scheduled before the Planning Board for February 8, 2022, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION This report regards a request from GKM Associates, LLC, for a zone change and Residential Mixed Use Planned Unit Development ("PUD") overlay on approximately 90.87 acres located to the east of West Springcreek Road between Two Mile Drive and Three Mile Drive, as well as the preliminary plat for Phase 1 of the development. The property is currently zoned B-1 (Neighborhood Business — about 3.9 acres) and R-3 (Residential — about 87 acres) with a PUD overlay. The proposed zone change would change approximately 25.6 acres of the R-3 to RA-1 (Residential Apartment). It would also realign and expand the B-I area to approximately 5.82 acres. The existing PUD overlay would be replaced with a new PUD over the entire property. The PUD would include 65 detached single-family dwellings, 113 townhome/rowhouse dwellings, and 464 multi -family dwelling units, along with 2 commercial lots, park area, and open space. The preliminary plat would cover approximately 40.52 acres in the southeastern portion of the property and include the 65 single-family lots and 95 of the townhome/rowhouse lots, as well as 6.2 acres of open space and 1.52 acres of parkland. A: Applicant: GKM Associates, LLC 208 1st Ave E Kalispell, MT 59901 B: Location: The property is located to the east of West Springcreek Road between Two Mile Drive and Three Mile Drive can be described as Tract 1 of Certificate of Survey No. 20588, a tract of land, situated, lying and being in the Northwest Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Kalispell Zoning Exhibit, 12-9-2021 GKM Associates LLC. Tract -ID 2822X11-XXX-4A sub&d Pmpelty Rend.," J ResderEallPro4ssi " Cenlial Elimi—. Resi9en6a9Apabmnl COUNTY ResdeneY AparomenU016re al Care AmBus I s Resdelleal FR—J • Pubic rrn+. �-. i�tilNnfki � I M (•jylAg R a � R-31PUU . r 8.1/PUD Ae�c ak 09 11 iw�e ua a-vPUD i >a ka � aaaalwRaa R-?iPUD rucc„ GR a U 0 U a � - iL CO Y Date: 12-9-2021 Kalispell Development Services F+Ie Path: JrMU12092021 - _,- 1.000 WCadasaal dau: 11032021 1�ALISPELL —Fee C: Existing Land Use and Zoning: The subject property is currently vacant, but has a history of agricultural use as farmland producing dryland wheat. The current zoning for the property is city R- 3 (Residential) and B-1 (Neighborhood Business) with a PUD overlay. The property was annexed in 2018 with a PUD overlay that provided for 229 single-family and townhome lots, RV storage, and mixed commercial use. The PUD has not yet been developed. The R-3 zone is a "district intended to provide lot areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." The B-1 zone is "business district intended to provide certain commercial and professional office uses where such uses are compatible with the adjacent 2 residential areas. This district would typically serve as a buffer between residential areas and other commercial districts. Development scale and pedestrian orientation are important elements of this district. This district is also intended to provide goods and services at a neighborhood level. The district is not intended for those businesses that require the outdoor display, sale and/or storage of merchandise, outdoor services or operations to accommodate large-scale commercial operations. This zoning district would typically be found in areas designated as neighborhood commercial or urban mixed use on the Kalispell Growth Policy Future Land Use Map." D. Size: The subject property is approximately 90.87 acres. E: Adjacent Zoning: North: R-3/PUD; R-2/PUD; B-1/PUD East: R-3, County R-I South: County R-2/County SAG-10/County AG-80 West: County SAG-5/County SAG-10 F: Adjacent Land Uses: North: Single-family residential East: Single-family residential South: Large tract single family residential; industrial West: Large tract single family residential; undeveloped G. Proposed Zoning: The proposed zoning of the property would change approximately 25.6 acres of the R-3 to RA-1 (Residential Apartment — shown in red). It would also realign and expand the B-1 (Neighborhood Business — shown in green) area to approximately 5.8 acres. The yellow area would remain as R-3, containing about 56.7 acres. The existing PUD would be replaced with a new PUD overlay. RV u ZONE B-1 5.82ACRES ZONE RA-1 25.60 ACRES _ ZONE R-3 5663ACRES l pY[ 1 Q I M Q a F \ Z w V O w II �dd M N f77 a a- a (n H 1 OF 1 3 H: General Land Use Character: The subject property is located between Three Mile Drive and Two Mile Drive to the east of West Springcreek Road. It is in a transitional area between urban residential development and single-family homes in existing county subdivisions and tract land. The general area has included significant residential growth over the past 20 years, as well as the addition of the bypass to the east that includes an interchange with Three Mile Drive. Kalispell Growth Policy Exhibit, 12-9-2021 GKM Associates LLC Tract-11) 2822X11-XXX-4A - Lorrmecia uma, rbeR use Suburban wgh oen:;ty Resid .Wl Residential UR .R—d�A Suhu,ban Residential - CiN'Iurym-Gw. PudieJ ..i Pabfi , ogeRKw=e.. - FloodKay i W6u.. Neighbahootl Commemul � �`-� �n,,,,n� nulnoA 4ccflEElch¢ Suburban Residential �I 1 S;ubttrban Residerrdal ome: et Kalispell D_--.proem Services ffi- X Fie .. Jyzaztnz1=2 wArcadasaal aam: I t oaspxt o soo taco KALISPELL rex L¢ Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Neighborhood Commercial, High Density Residential, and Suburban Residential. The proposed zoning is supported by that designation, including utilizing the BPA easement as a transition from the RA-1 to R-3 zones within the development. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. Chapter 4B on Business and Industry provides for neighborhood commercial areas designed to address the daily needs of the immediate neighborhood. City services including sewer, water and streets are in the vicinity and available to the subject property. The property also falls within the Kalispell West Neighborhood Plan, which was adopted in 2009. The plan anticipates this portion of the plan area to be developed to accommodate growth in the short - to -medium term from the plan's adoption (within 15-20 years), and the area was also included within the annexation boundary established in the growth policy (the subject property was annexed in 2018). It was anticipated that development would utilize the existing and proposed road arterial system and allow for neighborhood shopping centers. J: Availability of Public Services and Extension of Services: Water and sewer services are available to the property. Water service is located within Three Mile Drive and extends through the property. The Westside Interceptor was extended through the property providing access to sewer service. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative 4 Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 91 (West Valley)/Glacier High School Fire: City of Kalispell Police: City of Kalispell a Three Mil Di �� SUBJECT PROPERTY I If WATER MAIN = BLUE I. Zone Change Evaluation Based on Statutory Criteria The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2- 304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned city B-1 (Neighborhood Business) and R-3 (Residential) with a PUD overlay. The proposed zoning of the property would change approximately 25.6 acres of the R-3 to RA-1 (Residential Apartment). It would also realign and expand the B-1 area to approximately 5.8 acres. The remainder would stay as R-3, containing about 56.7 acres. The proposal includes a new PUD overlay for the property. The RA -I zone is "a residential district intended to provide for urban areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services, parks or shopping districts. This zoning district would typically be found in areas designated as urban residential or high density residential on the Kalispell Growth Policy Future Land Use Map." 1. Does the requested zone comply with the growth polio The Kalispell Growth Policy Future Land Use Map designates the subject property as Neighborhood Business, High Density Residential, and Suburban Residential. The proposed zoning is supported by that designation, including utilizing the BPA easement as a transition from the RA-1 to R-3 zones within the development. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. Chapter 4B on Business and Industry provides for neighborhood commercial areas designed to address the daily needs of the immediate neighborhood. City services including sewer, water and streets are in the vicinity and available to the subject property. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? WGM Group prepared a traffic impact study ("TIS") in December 2021. Based on comments from Public Works, WGM also completed an updated traffic analysis submitted on February 1, 2022. The traffic impact study analyzed the full buildout of the proposed development. The traffic study was prepared using standard techniques to forecast traffic volumes and operations at the approaches and nearby intersections. Under the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Based on the TIS and city review of the TIS, there are several areas which require mitigation. Those mitigation steps are discussed under the PUD and subdivision sections of this report. In addition, the frontages of the development would be improved to city standards, including bike/pedestrian paths. With impacts to the transportation system appropriately mitigated, the zoning request would be appropriate. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police, fire protection, water and sewer service are currently available to the area. 4. Will the requested zone promote the public health, safety and general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, the requested zoning classifications, particularly in conjunction with the PUD overlay, will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 6 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance and PUD to ensure adequate light and air is provided. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to the property. Specific details for provision of services are addressed as part of the PUD and preliminary plat 7. Will the requested zone promote compatible urbangrowth? The subject property is located between Three Mile Drive and Two Mile Drive to the east of West Springcreek Road. It is in a transitional area between urban residential development and single-family homes in existing county subdivisions and tract land. The general area has included significant residential growth over the past 20 years, as well as the addition of the bypass to the east that includes an interchange with Three Mile Drive. The development trend in the area based on existing uses and proposed projects is primarily single-family/townhouse with a mix of multi -family and neighborhood commercial uses. It is expected that additional development will occur in the vicinity that would continue that trend and this zone would fit within that type of development. 8. Does the requested zone give consideration to the character of the district and its particular suitabili . for particular uses? The proposed zoning districts are consistent with the development trends of the area. They also give due consideration of the suitability of this property for the allowed uses in the zoning district, such as proximity of city services. 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the zones will promote compatible and like uses on this property as are likely to develop on other properties in the area. Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria to ensure its appropriateness for the area and compatibility with the surrounding neighborhoods as they develop. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale development should be encouraged in areas where services and facilities are available. In this case, water mains and sanitary sewer both run through the site. The 7 proposed zoning is consistent with the proposed growth policy future land use designation and is compatible with current zoning in the immediate area. IL EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL The intent of a PUD district is to serve as an overlay zoning district. The district shall function in concert with one or more of the underlying zones to provide a comprehensive, integrated development plan which will serve to modify the underlying zone and, where appropriate, subdivision standards with the intent of providing flexibility of architectural design and density as well as providing the option to mix land uses and densities while preserving and enhancing the integrity and environmental values of an area. The Spring Creek Park PUD would provide a layout of 90.9-acres, providing a mixture of single- family, townhome, and neighborhood commercial development (65 detached single-family dwellings, 113 townhome/rowhouse dwellings, and 464 multi -family dwelling units, along with 2 commercial lots, park area, and open space). The PUD will be a residential mixed -use PUD and function in concert with the proposed B-1, RA-1, and R-3 underlying zones. 7'f'► ii WGMGpC)11u SFRM -CPSIA PV0. LlO�� swws ram■ rpap►{w[s as.r.irs LorE LraaMuoa►sa sm►.n¢s L S1rff S LOTS s >. •t R& M AoR% ti 6""1 Mr Lot3 APP®M45 ACP aasro% u .w urns caLots ACM" a r •t+ats � wtf L_ I"KMV T fW 7 141^ 1 r-----^7 FIAND 1._I s as rMcraes For comparison, the plan below shows the prior layout for Rockwood Ranch which was approved in 2018 and remains in effect: ti - —. --- _ A u =ir Rockwood CI Ranch P LE D KAW10. k kW4)na fttPW4-M UAS 4h;Qw lh4CQ­w[4 ftm5" ft- +" • q�1rM �H F.114 {auEn.�.#V �Fi�r�N-0n Lug-1Vi Thal Mr 7� rr .�4 i hpK rF WGMk'MUur n.� ao-c�,70�■ Sections 27.19.020(4) of the zoning regulations provide that the planning board shall review the PUD application and plan based on the following criteria: A. The compliance of the proposed PUD with the city growth policy and, in particular, density and use policies of the plan. The proposed development is located within the Neighborhood Business, High Density Residential, and Suburban Residential land use categories. The proposed B-1, RA-1, and R-3 zoning districts fit within those designations. The Kalispell Zoning Ordinance states that the B-1 zone would typically be found in areas designated as neighborhood commercial, the RA-1 in areas designated as high density residential, and the R-3 as suburban residential. Utilizing the BPA easement as a transition from the RA-1 to R-3 zones within the development is appropriate given the layout of the property. The Kalispell Growth Policy Plan -IT 2035 and the zoning would contemplate high density residential densities of 20-40 units per acre and suburban residential neighborhoods at densities of up to four dwelling units per acre. Densities are based on gross developable area. The overall density within the RA-1 residential area of the PUD would be about 19.2 units per acre based on 482 total units. The R-3 residential area would be about 3.9 units per acre based on 160 units. It should be noted that the high -density residential designation would also support an RA-2 zoning district, which would allow up to 40 units per acre under zoning. 9 The Kalispell Growth Policy Plan -It 2035 also includes the following policies: Chapter 4, Land Use Housing (9): On larger tracts of land, creative design and a mix of housing types is encouraged within the overall density requirements to create more dynamic neighborhoods, to provide more open space, and to protect sensitive resource areas. Chapter 4, Land Use Housing (14): A variety of housing types and compatible land uses are encouraged in residential areas and should be designed to fit scale and character of the neighborhood. Where necessary, developers should utilize the Planned Unit Development (PUD) process to craft development proposals that are both innovative and creative, while maintaining the integrity and values of the community. Chapter 4, Land Use Business and Industry (la): Establish neighborhood commercial areas designed to provide convenient goods and services that address the daily needs of the immediate neighborhood. Chapter 4 Business and Industry (Urban Mixed -Use areas, 4b) - A complete system of pedestrian and bike paths is important in mixed use areas. The proposal calls for a mix of detached single-family, townhome, and multi -family residential development as well as neighborhood scale commercial uses on 90.9 acres. There are bike and pedestrian paths that would extend throughout the development and along the development frontages which connect to the greater community. The requested PUD can be found to comply with the Neighborhood Commercial, High Density Residential, and Suburban Residential land use designations, as well as policies found within the Housing and Business and Industry sections of the Kalispell Growth Policy Plan -It 2035. B. The extent to which the PUD departs from the underlying zoning and the reasons why such departures are or are not deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations. (1) Lot Area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The request reduces minimum lot area to 3000 square feet for the attached townhome/rowhouse lots. Minimum lot area for single-family lots would be maintained at 6000 square feet. The overall density of the development relies on open space to create the community feel intended for the neighborhood, and the intent of the underlying zoning is met. In areas with townhomes, 3000 square feet per sublot is a typical size. The requested deviation is appropriate. (2) Hem: Sec 27.06.040(4) — The maximum allowable height in the R-3 zone is 35 feet. This request would allow an additional five feet for townhouses/rowhouses with a maximum of three floors. The additional height is intended to allow for pitched roofs and architectural creativity. The 35-foot height limit for the single-family residences 10 bordering existing developments would be maintained. The requested deviation is appropriate. (3) Lot Coverage: Sec 27.06.040(5) — Maximum lot coverage in the R-3 zone is 45%. With townhomes, and particularly the rowhouses with configurations of three or more units, eliminating side yards with the attached style of construction makes 45% a difficult standard to meet. The applicant is requesting that lot coverage for townhome/rowhouse lots be increased to 60%. Lot coverage for the single-family lots would remain at 45% or less. The requested deviation is appropriate. C. The extent to which the PUD departs from the subdivision regulations (if subdivision is anticipated) and the public works standards for design and construction applicable to the subject property, the reasons why such departures are deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; (1) Road Sections: Section 28.3.14 — The subdivision regulations and the Standards for Design and Construction contain design criteria for roads. The proposal includes a street in the R-3 area which is not addressed in those standards. The parkway design uses two one-way travel lanes separated by a raised landscaped area with a walkway. The center landscaped area would be privately owned, but the remainder of the road section would be public. The first image below shows the cross section. The photo shows how the design would look based on a neighborhood called Victoria Cross in Calgary, Alberta, that provided inspiration for the project. 1 PAiDp/fpYSLCTI(IHA • SEE WAD —5 LC— CE"—I NOTES LOR 4k-- --CA— DETAIL NT] 15' ID' FRON1 TARD ] WO PARK"O SE1$AC1t SFA R4R §�Au 16� DIOYE 19.E F'FTCE ALONG PROPERTY LNE 2 N9_ • SEE ROAD COIISTRUCAOa C04CO-L NOTES EW YATM& SPECPCAT04S ORAL R19 Figure 6: Typical Parkway Sections 11 Ilk The proposed street section is an acceptable variation on traditional design provided that it includes certain elements to allow for effective and efficient servicing by the city. The parking needs to be on the house side of the street to allow for plowing to the center island, and utilities will need to be designed as determined by Public Works for maintenance and servicing. Due to safety concerns with the north/south road intersecting the parkway, the landscaped center island should continue through the intersection so the road would end at the parkway in a T-intersection. The requested deviation is appropriate. (2) Driveway Access Onto Collector: Sec 28.3.14(G) and (J) — The main road running through the development from north to south and along the northern portion of phase one is a minor collector. Individual driveways are prohibited on collector streets per Sec 28.3.14(G) of the subdivision regulations except in infill situations, with access to be from an alley with the front of the house facing the collector. There is softer language in Sec 28.3.14(J), which states that "residential driveways shall avoid direct access onto collectors." Many of the lots adjacent to the collector have access from an alley. Some, however, must access off of the collector. The applicant has requested that, where alleys are not feasible, that driveway access to the street would be allowed if the block is posted as "no parking." Public Works has indicated that they would support allowing the driveway access provided that any block with driveway access would be signed as "no parking" for the length of the block (intersection to intersection) on the side of the street that a driveway is allowed. The purpose is it allows for vehicles to back into the street without visual obstruction, which is more important on a collector level street. Allowing the driveways to access the collector street through the development is appropriate with the "no parking" limitation, provided that any lot with an alley be required to access from the alley. (3) Block Length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not more than 600 feet. The applicant is requesting blocks in excess of 600 feet (up to about 650- 700 feet, plus the parkway area). The primary reason for the longer blocks is due to the 12 need to design around the existing Westside Interceptor sewer line which was routed by the city through the property. Additionally, the lack of conventional city blocks, unique existing features such as the creek and BPA easement, the layout of adjoining developments, and larger open space on the site are reasons for the longer length. Internally to the project, the internal trail system and open space serve to help tie the project together. Given the development constraints and design of the project, the PUD contains features which help mitigate the deviation's impact and is an appropriate request. D. The overall internal integrity of the PUD including the appropriate use of internal design elements, the use of buffers between different land uses, the use of transitions between uses of greater and lesser intensity, the use of enhanced design features to provide connectedness for both vehicle and pedestrian traffic throughout the PUD and the use of innovative and traditional design to foster more livable neighborhoods; The PUD is planned as a community that includes single-family/townhouses, multi -family residential and neighborhood scale commercial. Density is concentrated in the northwestern corner of the development. Townhomes/rowhouses are included in the center of the southeastern portion of the development and are buffered from existing residences by detached single-family homes. Along the northeastern edge of the development, the 250 ft wide BPA easement creating an open space buffer between the existing homes and the multi -family area. The easement also creates an internal separation between the R-3 and RA-1 areas in the development. In addition to sidewalks, there are interconnecting trails running through common open space. The overall design includes a mix of traditional and innovative street designs intended to create a better feeling of community for the residents. The plan shows that fencing will be included as part of the project to buffer the eastern and northern borders of phase 1 as needed. Fencing will be required to be reviewed and approved by the city Architectural Review Committee, which shall ensure a consistency of colors and materials to be used to present an aesthetically pleasing design. E. The nature and extent of the common open space in the planned development project, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; The plan includes homeowners' parks totaling 6.8 acres, in addition to common areas with walking paths. Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit, or 5.34 acres for the single-family/townhome lots (or the equivalent value in land with improvements). Each phase will be required to provide at least the minimum amount of parkland to support that phase. The parks will include amenities that will be determined during the course of the detailed subdivision design review in conjunction with the Parks Department. With multi -family developments, the zoning ordinance requires recreational amenities equal to 500 square feet of land or the equivalent value in amenities that will need to be provided in 13 conjunction with the development of any multi -family project. The proposal includes covenants and a management plan providing for maintenance of the shared facilities. '-)'',7KS, TRAILS, & E �:`L",'E INFORMATION TOTAL SITE An:' E- E 90.87 ACRES H .:E HASE 2-3 TOTAL r.4RK '. _ E i - 5.29 A - TRAIL 1.57 A. 1.09 Mil•.: F. The manner in which said plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light or air, recreation and visual enjoyment; 14 Public service facilities and infrastructure are adequate for the development of this site. Any new improvements to the property such as internal roads, storm water facilities and water/sewer connections would be installed in accordance with city policies and standards at the developers' expense. A Traffic Impact Study was completed by the developer and discussed below. Water: Water to the development will be provided by the City of Kalispell. The developer will tie into an existing water main extension that runs through the subject property and extend the main throughout the development. The water system for the development will be reviewed and approved by the Kalispell Public Works Department as part of the development of the project under the Standards for Design and Construction. Per city standards, the water mains shall be extended within the adjacent frontages to the far property line. The main in Two Mile should be extended in conjunction with Phase 1 and the main in West Springcreek should be extended with Phase 2. The mains may need to be upsized in accordance with the water facility plan, and the city would participate in the upsize cost. Locations shown for utilities have been discussed with Public Works. Those discussions are on -going, particularly in regard to utilities serving the rowhouses. Locations shown as part of the preliminary utility design should not be interpreted as being approved by Public Works. Additional review will be required as part of the detailed engineering review as part of the subdivision process. There is adequate capacity within the city's water system to accommodate this subdivision. As the design of the development progresses, the applicant should work with the City to provide a minimum 50-foot by 65-foot utility lot with acceptable access for a control valve building adjoining the existing water transmission line to Sheepherder Tank. The preferred location for the control valve building is on adjacent property the applicant owns to the southwest of this development, where the water transmission main crosses West Springcreek Road, although there may be alternative locations that may be amenable to both the City and the developer. Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The developer will tie into the existing Westside Interceptor that goes through the property and extend sewer mains throughout the development. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision under the Standards for Design and Construction. As with the water mains, city standards would require that the sewer mains be extended to the far property line within the adjacent right-of-way. With Phase 1, it would be installed within the Two Mile frontage. The main could be installed within West Springcreek with Phase 2, but there are potential alternative designs which may be acceptable in this context. Locations shown for utilities have been discussed with Public Works. Those discussions are on -going, particularly in regard to utilities serving the rowhouses. Locations shown as part of the preliminary utility design should not be interpreted as being approved by Public Works. Additional review will be required as part of the detailed engineering review as part of the subdivision process. There is adequate capacity within the city's sewer system to accommodate this subdivision. With the Westside Interceptor having been previously extended through the property by the City as part of a project serving not only this property, but other properties to the north and the west, the sewer facility plan calls for an extension through the property to the northwestern corner to allow for other connections to the Westside Interceptor. In order to allow for this connection, the 15 developer should grant an easement for construction of a sewer line connection at or prior to the time of final plat for Phase 1. This easement would likely follow the location of the collector street through the later phases of the project. Solid Waste: Solid waste collection can be provided throughout the subdivision by the City of Kalispell. Specific designs of the garbage enclosures and collection areas for the multi- family/commercial area will be reviewed in conjunction with the building permit and site review process for the buildings. Access and Roads: The development has frontage on three exterior roads: Two Mile Drive, Three Mile Drive, and West Springcreek. There is one access onto each road. Additionally, there are several connections with Spring Creek Estates to the east and north of the development. Those future connections were established as part of the subdivision approval for that subdivision to allow a connection to this property when it develops. Each of those adjoining roads will need to be upgraded to a level as specified in the Transportation Plan and the Standards for Design and Construction. Two Mile would be to a major collector standard and both Three Mile and West Springcreek would be to a minor arterial standard. Improvements may include, but would not necessarily be limited to, widening travel lanes, pedestrian paths, landscape boulevard, streetlights, and curb/gutter. Dedication of additional right-of-way will be required for the improvements, as well as for the future roundabout at the intersection of Three Mile Drive and West Springcreek. Improvements for Two Mile should be installed with Phase 1 and improvements for both Three Mile and West Springcreek should be installed with Phase 2. Internal streets would include streets built to local/collector design standards pursuant to the Standards for Design and Construction including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. The collector, which would begin at Three Mile and extend through the northern part of Phase 1 and connect with Two Mile, will need to adjust a curve in the road to meet design standards. The applicant shows a roundabout in Phase 2 at the internal intersection near the apartments and commercial areas. It appears that a compact roundabout would be warranted from a safety perspective. A turning movement distribution should be provided if a compact roundabout is to be built. If justified, adequate right-of-way should be dedicated to provide a single lane, compact roundabout with a minimum 80-foot diameter. Provisions of the design should accommodate road maintenance services and pedestrian safety. The parkway cross section, which is a requested deviation, would provide an alternative design as detailed above relating to the deviation request. As a note, at the west end of Triple Creek Drive, there needs to be a hammerhead turnaround or other approved measures to accommodate snow plowing and emergency access. Alleys will be private with public utility easements. Under Sec 28.3.15, the rowhouses cannot have access onto the street due to their width and the access shall only be from the alley. Additionally, any lot located on the collector with an alley shall access from the alley pursuant to the requested deviation allowing access for some lots onto the collector. 16 Control over vehicular traffic: WGM Group prepared a traffic impact study ("TIS") in December 2021. Based on comments from Public Works, WGM also completed an updated traffic analysis submitted on February 1, 2022. The traffic impact study analyzed the full buildout of the proposed development. The traffic study was prepared using standard techniques to forecast traffic volumes and operations at the approaches and nearby intersections. Under the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Based on the TIS and city review of the TIS, there are several areas which require mitigation. (a) Intersection of Three Mile Drive and West Springcreek: There are projected to be some minor drops in service with a full build -out of the development that would at this time appear to justify the construction of a roundabout at the intersection. The intersection involves a state highway, and the Montana Department of Transportation ("MDT") would be involved with the design and timing of improvements to the intersection. Phase 1 of the project does not appear to sufficiently impact the intersection, and review of later phases should take the intersection into account with additional analysis and review at that time. (b) Intersection of the internal collector road and Three Mile Drive: When the collector road is constructed, it should include a northbound right turn lane. (c) Intersection of Camp Crook Avenue and Three Mile Drive: Northbound left-hand turns should be restricted. As this road connects with Phase 1, this improvement should be installed with the first phase unless otherwise determined by Public Works. (d) Intersection of Heaven's Peak and Three Mile Drive: The traffic analysis indicates that there is a drop in service at this intersection. Mitigation would likely involve installing a traffic signal. However, as a state highway, MDT regulations dictate the timing and design of the improvements and require a warrant study after the development is constructed showing actual traffic volumes. The developer will need to provide a 14- hour intersection turning movement study and install a signalized intersection at Three Mile Drive and Heaven's Peak Drive when warrants are met per Manual on Uniform Traffic Control Devices and MDT. (e) Intersection of Stillwater Road and Three Mile Drive: This intersection is already failing and this project is going to negatively impact that intersection. As with the intersection of Heaven's Peak and Three Mile, a 14-hour intersection turning movement study should be conducted to determine if a signal is warranted. When warranted, staff recommends a regional SID to construct the signal. The subdivision regulations (Sec 28.3.25) require that the final plat include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision." The traffic analysis took into account Two Mile Drive, including recent developments along the road. The analysis showed that there was not a decrease in service and no capacity improvements are required to accommodate this development. 17 Storm Water: Roadways will be paved and curb/gutter will channel runoff to designed low points, where storm water will be collected and routed to storm water ponds. Any open storm water facilities should have an elevated aesthetic design to be reviewed and approved by the city Architectural Review Committee. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction and storm water management program. Final design will be approved by the Kalispell Public Works Department prior to development. Additionally, prior to development of the subdivision or receiving any building permits, the developer will need to submit a construction storm water management plan to the Public Works Department. This plan will need to show how storm water will be treated and where it will be directed during construction activities. Schools: The property is within the boundaries of School District 91 (West Valley) and Glacier High School. On average, it would be anticipated that there would be about 321 students (K-12) at full build -out. Section 76-3-608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection. As part of subdivision review and site review for the multi-family/neighborhood commercial area, fire protection, including fire flow and hydrant location, will be reviewed. Fire station 62 is located approximately 2.2 miles away providing good response time. Parks: The plan includes homeowners' parks totaling 6.8 acres, in addition to common areas with walking paths. Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit, or 5.34 acres for the single-family/townhome lots (or the equivalent value in land with improvements). Each phase will be required to provide at least the minimum amount of parkland to support that phase. The parks will include amenities that will be determined during the course of the detailed subdivision design review in conjunction with the Parks Department. With multi -family developments, the zoning ordinance requires recreational amenities equal to 500 square feet of land or the equivalent value in amenities that will need to be provided in conjunction with the development of any multi -family project. The proposal includes covenants and a management plan providing for maintenance of the shared facilities. G. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established; The subject property is in an area which is a transition between urban and rural, with existing residential development (both city and county) in the immediate vicinity. This development would continue that trend. There is existing infrastructure (both water and sewer mains) running through the property as well as access to the transportation system, which helps allow the project to fit within the neighborhood. It is expected that similar additional development will occur 18 throughout the area given the availability of services, location within the annexation boundary, and the growth policy. This project would fit within that overall trend. With the existing established residential neighborhoods in the surrounding area, it is important that the development fit within the neighborhood in terms of services, aesthetics, and impact as discussed elsewhere in this report. H. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan which finding shall be made only after consultation with the city attorney; f€ mom" 0 WGMGROUP PUD 1.4 The plan details three phases of development and includes the preliminary plat for the first phase. Section 27.19.020(10) of the zoning ordinance outlines procedures for abandonment/expiration to be followed if the PUD fails to comply with a completion schedule. Part of the requirements of the PUD is that the developer would enter into an agreement with the City of Kalispell to adequately ensure that the overall integrity of the development, the installation of required infrastructure, architectural integrity and proposed amenities, are accomplished as proposed. A recommended condition of approval for the PUD would require this agreement be in place prior to filing the final plat for the first phase of the project. I. Conformity with all applicable provisions of this chapter. Section 27.19.030(4) of the zoning ordinance allows for Residential Mixed -Use PUDs in B-1, RA-1, and R-3 zones with a minimum of 5 developable acres, with the commercial component 19 not to exceed 35% of the developable area. Density should not exceed 20 dwelling units per acre in the RA -I area and no more than four units per acre in the R-3. The development contains 90.9 acres. Phase 3, which is the only area commercial would be allowed, is 5.8 acres or about 6.3%. Density in the RA-1 residential area is about 19.2 units per acre and about 3.9 units per acre in the R-3 residential area. The proposal meets those requirements. Under that section, the predominant land use character of the PUD must be residential. Commercial uses should primarily be sized and located to address the needs of the immediate neighborhood, and incompatible commercial uses are not permitted. The limited area restricted to B-I permitted uses is consistent with that requirement. No other specific deviations from the Kalispell Zoning Ordinance or Subdivision Regulations can be identified based upon the information submitted with the application other than those addressed in this report. III. REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT u --+�- T- -_--- �i- _- --- I F -TI = [TH-re[ ilr ES �X -F 11 ,ram W — EE E x - The preliminary plat submitted with the application includes only a portion of the property within the PUD — 40.5 acres out of the 90.9 acres overall. It includes all 65 detached single- family lots and 95 of the townhome/rowhouse lots provided for in the PUD, as well as 6.2 acres of open space and 1.52 acres of parkland. 20 A. Effects on Health and Safety: Fire: The property would be considered to be at low risk of fire because any building constructed within the subdivision would be built in accordance with the International Fire Code and have access which meets city standards. The area to be built upon does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the fire code and approved by the Fire Chief. Access: The access to Phase 1 will be from Two Mile Drive. There would also be two extensions of existing streets in Spring Creek Estates (Battle Ridge Drive and Pine Draw Avenue) allowing for interconnectivity and access to the north. Access and roads are discussed in more detail in part D below relative to effects on local services. Geology: The overall site is generally flat without any major topographical or geological features limiting development. A Geotech report was prepared in 2017 by Alpine Geotechnical covering the project area. The report found groundwater varying from about 5 feet deep in the southeastern corner to about 8 feet in other areas. The presence of groundwater at those depths "will likely impact installation of underground utilities," and consideration should be given to design and timing of underground utility improvements. Also, "given the documented groundwater levels, basements are not advised for the planned residential structures in the proposed development." Furthermore, the study found that "in general, the subgrade materials on the site are not considered to be high - quality fill materials with which to construct building pads," and that the report "recommends that individual investigations be performed on each lot and recommendations be developed based on the specific foundation loading and subgrade conditions at each building site." Additionally, the report contains recommendations which should be followed relative to geotechnical considerations, earthwork, and pavements. Appropriate measures should be provided for utility construction in high groundwater, which may include pipe ballast, trench plugs and structural buoyancy calculations for manholes. With those conditions noted in the Geotech report, basements should not be allowed within the development unless appropriately designed with waterproofing and other design elements required by the Kalispell Building Department. All building sites within the development should be subject to additional review if required by the Kalispell Building Department including, but not necessarily limited to, site specific geotechnical investigation. The applicant also included a soil resources report from 2017. The report indicated the possible presence of hydric soils in the southeastern corner of the site which also had the highest ground water. Hydric soils are not considered ideal for building construction. The area with that potential appears to be open space with a storm drainage pond. Further study of that area should be completed to ensure that any building sites are not unduly impacted by the presence of hydric soils. 21 B. Effects on Wildlife and Wildlife Habitat: There is a creek and associated wetlands along the southwestern side of the property which would provide some aquatic and riparian habitat. There does not appear to be any significant wildlife impacts. The Resources and Analysis Section of the Kalispell Growth Policy includes information from the Montana Department of Fish, Wildlife and Parks relating to deer, elk and moose habitat. As with the majority of the Kalispell area outside of the core downtown, the maps show a whitetail deer density of 5 to 30 per square mile, but no significant elk or moose habitat. The creek and wetlands would be protected with a 100-foot required setback to any property lines from the wetlands, and a 50-foot setback from the creek that allows only limited uses. Prior to construction, the developer will need to submit an erosion/sediment control plan for review and approval which will help protect the habitat during construction. C. Effects on the Natural Environment: Surface and groundwater: The subdivision will be served by public water and sewer thereby minimizing any potential impacts to groundwater. Per the Geotech report, the static groundwater is generally from 5 to 8 feet below the surface. Potential impacts to the development are addressed in the section relating to geology above. Drainage: Roadways will be paved and curb/gutter will channel runoff to designed low points, where storm water will be collected and routed to storm water ponds. Any open storm water facilities should have an elevated aesthetic design to be reviewed and approved by the city Architectural Review Committee. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction and storm water management program. Final design will be approved by the Kalispell Public Works Department prior to development. A condition of approval requires that a property owners' association be created for the maintenance of the common area which would include the common area drainage easements. As part of the storm easement areas, the association will be required to mow the area to reduce fire hazard and reduce spread of noxious weeds. In order to help ensure the continued maintenance of the storm water facilities, a note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. Lastly, the developer is required to submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval. These plans provide for managing storm water on the site and include stabilizing the construction site through an approved revegetation plan after site grading is completed. Wetland and Watercourse Setbacks: Under Section 28.3.06 of the subdivision regulations, a minimum 100-foot setback is required from wetlands to any proposed lot boundaries. Under Section 28.3.07, a minimum 50-foot setback from the intermittent 22 stream which allows only limited uses. Based on a 2017 RESPEC Wetland Identification and Delineation Report, the required setbacks would be met. L WGM _ _ yr�ri,vq Rronwnpn -41 ALU .., LU l l� e� d N _ 2 W r2 Q W LL [ail Ri I atE� -me Pl1U 1,8 23 D. Effects on Local Services: Water: Water to the subdivision will be provided by the City of Kalispell. The developer will tie into an existing water main extension that runs through the subject property and extend the main throughout the development. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision under the Standards for Design and Construction. Per city standards, mains shall be extended within the adjacent frontages to the far property line. The main in Two Mile should be extended in conjunction with Phase 1. The main may need to be upsized in accordance with the water facility plan, and the city would participate in the upsize cost. Locations shown for utilities have been discussed with Public Works. Those discussions are on -going, particularly in regard to utilities serving the rowhouses. Locations shown as part of the preliminary utility design should not be interpreted as being approved by Public Works. Additional review will be required as part of the detailed engineering review as part of the subdivision process. There is adequate capacity within the city's water system to accommodate this subdivision. Proportionate water rights shall be dedicated to the City of Kalispell per Section 28.3.08 of the subdivision regulations. Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The developer will tie into the existing Westside Interceptor that goes through the property and extend sewer mains throughout the development. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision under the Standards for Design and Construction. As with the water mains, city standards would require that the sewer mains be extended to the far property line within the adjacent frontage. With Phase 1, it would be installed within the Two Mile frontage. Locations shown for utilities have been discussed with Public Works. Those discussions are on -going, particularly in regard to utilities serving the rowhouses. Locations shown as part of the preliminary utility design should not be interpreted as being approved by Public Works. Additional review will be required as part of the detailed engineering review as part of the subdivision process. There is adequate capacity within the city's sewer system to accommodate this subdivision. Access and Roads: Phase I has frontage on Two Mile Drive with one proposed access onto the road. Additionally, there are two connections with Spring Creek Estates to the north of the phase. Those future connections were established as part of the subdivision approval for that subdivision to allow a connection to this property when it develops. Two Mile will need to be upgraded to a level as specified in the Transportation Plan (major collector) and the Standards for Design and Construction for the length of its frontage. Improvements may include, but would not necessarily be limited to, widening travel lanes, pedestrian paths, landscape boulevard, streetlights, and curb/gutter. Dedication of additional right-of-way will be required for the improvements. 24 Internal streets would include streets built to local/collector design standards pursuant to the Standards for Design and Construction including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. The collector, which would begin at Three Mile and extend through the northern part of Phase 1 and connect with Two Mile, will need to adjust the curve to meet design standards. The parkway cross section, which is a requested deviation, would provide an alternative design as detailed above relating to the deviation request. Alleys will be private with public utility easements. Under Sec 28.3.15, the rowhouses cannot have access onto the street due to their width and the access shall only be from the alley. Additionally, any lot located on the collector with an alley shall access from the alley pursuant to the requested deviation allowing access for some lots onto the collector. The subdivision regulations (Sec 28.3.25) require that the final plat include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision." WGM Group prepared a traffic impact study ("TIS") in December 2021. Based on comments from Public Works, WGM also completed an updated traffic analysis submitted on February 1, 2022. The traffic impact study analyzed the full buildout of the proposed development. The traffic study was prepared using standard techniques to forecast traffic volumes and operations at the approaches and nearby intersections. Under the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Based on the TIS and city review of the TIS, there are several areas which require mitigation. The improvements relative to Phase 1 are as follows (other mitigation relating to other phases is discussed as part of the PUD): (a) Intersection of Camp Crook Avenue and Three Mile Drive: Northbound left-hand turns should be restricted. As this road connects with Phase 1, this improvement should be installed with the first phase unless otherwise determined by the Public Works Department. (b) Intersection of Heaven's Peak and Three Mile Drive: The traffic analysis indicates that there is a drop in service at this intersection. Mitigation would likely involve installing a traffic signal. However, as a state highway, MDT regulations dictate the timing and design of the improvements and require a warrant study after the development is constructed showing actual traffic volumes. The developer will need to provide a 14-hour intersection turning movement study and install a signalized intersection at Three Mile Drive and Heaven's Peak Drive when warrants are met per Manual on Uniform Traffic Control Devices and MDT. (c) Intersection of Stillwater Road and Three Mile Drive: This intersection is already failing and this project is going to negatively impact that intersection. As with the intersection of Heaven's Peak and Three Mile, a 14-hour intersection turning movement study should be conducted to 25 determine if a signal is warranted. When warranted, staff recommends a regional SID to construct the signal. The subdivision regulations (Sec 28.3.25) require that the final plat include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision." The traffic analysis took into account Two Mile Drive, including recent developments along the road. The analysis showed that there was not a decrease in service and no capacity improvements are required to accommodate this development. Schools: The property is within the boundaries of School District 91 (West Valley) and Glacier High School. On average, it would be anticipated that there would be about 321 students (K-12) from the neighborhood at full build -out (80 with Phase 1). Section 76-3- 608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection. As part of subdivision review and site review for the multi -family/ neighborhood commercial area, fire protection, including fire flow and hydrant location, will be reviewed. Fire station 62 is located approximately 2.2 miles away providing good response time. Parks and Recreation: The plan includes homeowners' parks totaling 6.8 acres, in addition to common areas with walking paths. Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit, or 5.34 acres for the single- family/townhome lots (or the equivalent value in land with improvements). Each phase will be required to provide at least the minimum amount of parkland to support that phase. The parks will include amenities that will be determined during the course of the detailed subdivision design review in conjunction with the Parks Department. With multi- family developments, the zoning ordinance requires recreational amenities equal to 500 square feet of land or the equivalent value in amenities that will need to be provided in conjunction with the development of any multi -family project. The proposal includes covenants and a management plan providing for maintenance of the shared facilities. It is imperative that these areas be well maintained for the visual aspects of the project and the functionality of the parks, open space, and storm drainage areas. Therefore, staff recommends that a note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity 26 conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Solid Waste: Solid waste will be handled by the City of Kalispell. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is approximately 2.0 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for agricultural uses. According to the Kalispell Growth Policy Resources and Analysis Section, "Important Farmlands" map, the property includes some areas designated as prime farmland if irrigated. Current policies in the Kalispell Growth Policy Plan -It 2035, Chapter 5, Land Use: Natural Environment, state the following: Policy Encourage urban growth only on agriculture lands entirely within the city's annexation policy boundary. The subject property is entirely within the annexation policy boundary and was previously annexed as part of the prior proposed development. By allowing higher density development within the city's growth policy area, it can reasonably be expected that more farmland could be conserved because the availability of residential and commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog development. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Neighborhood Commercial, High Density Residential, and Suburban Residential. The proposed zoning is supported by that designation, including utilizing the BPA easement as a transition from the RA-1 to R-3 zones within the development. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. Chapter 4B on Business and Industry provides for neighborhood commercial areas designed to address the daily needs of the immediate neighborhood. City services including sewer, water and streets are in the vicinity and available to the subject property. The property also falls within the Kalispell West Neighborhood Plan, which was adopted in 2009. The plan anticipates this portion of the plan area to be developed to accommodate growth in the short -to -medium term from the plan's adoption (within 15- 27 20 years), and the area was also included within the annexation boundary established in the growth policy (the subject property was annexed in 2018). It was anticipated that development would utilize the existing and proposed road arterial system and allow for neighborhood shopping centers. G. Compliance with Zoning: The request is in compliance with the B-1, RA-1, and R-3 zoning regulations, provided the specified deviation requests are granted. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations, provided the specified deviation requests are granted. RECOMMENDATIONS 1. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21-04 as findings of fact and recommend to the Kalispell City Council that the zoning for the property be changed from B-1 (Neighborhood Business) and R-3 (Residential) to B-1, R-3, and RA-1 (Residential Apartment), with a PUD overlay. 2. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-05 as findings of fact and recommend to the Kalispell City Council that the PUD for Spring Creek Park be approved subject to the conditions listed below: 3. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-08 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Spring Creek Park Phase 1 be approved subject to the conditions listed below: CONDITIONS OF APPROVAL The Planned Unit Development for Spring Creek Park allows the following deviations from the Zoning Regulations: (1) Lot Area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The deviation reduces minimum lot area to 3000 square feet for the attached townhome/rowhouse lots. 28 (2) Height: Sec 27.06.040(4) — The maximum allowable height in the R-3 zone is 35 feet. This deviation would allow an additional five feet for townhouses/rowhouses with a maximum of three floors. (3) Lot Coverage: Sec 27.06.040(5) — Maximum lot coverage in the R-3 zone is 45%. This deviation would allow the maximum lot coverage for townhome/rowhouse lots be increased to 60%. 2. The Planned Unit Development for Spring Creek Park allows the following deviations from the Kalispell Subdivision Regulations: (1) Road Sections: Section 28.3.14 — The parkway design is a deviation from standard street sections. The alternative design is allowed provided that (a) the parking is on the house side of the street; (b) utilities are designed as determined by Public Works for maintenance and servicing; (c) where the north/south road intersects the parkway, the landscaped center island should continue through the intersection so the road would end at the parkway in a T-intersection; and (d) the center landscape island be maintained as private. (2) Driveway Access Onto Collector: Sec 28.3.14(G) and (J) — On the collector road, where alleys are not feasible, driveway access to the street would be allowed if the block is posted as "no parking" and also provided that any lot with an alley be required to access from the alley. (3) Block Length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not more than 600 feet. This deviation allows block lengths in excess of 600 feet provided the layout is in substantial compliance with the proposed PUD plan. 3. The preliminary plat approval for the subdivision is not effective until the ordinance approving the PUD/zone change becomes effective. 4. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 5. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building permit. 6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. 29 7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. 8. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. 9. The preliminary plat approval shall be valid for a period of three years from the date of approval. 10. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Any open storm water facilities should have an elevated aesthetic design to be reviewed and approved by the city Architectural Review Committee. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. 11. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 12. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 13. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 14. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. 30 15. Per city standards, the water mains shall be extended within the adjacent frontages to the far property line. The main in Two Mile shall be extended in conjunction with Phase 1, and the main in West Springcreek shall be extended with Phase 2. The mains may need to be upsized, and the city would participate in the upsize cost. 16. Any water rights associated with the property shall be transferred to the City of Kalispell. The water rights shall be allocated proportionally for each phase of the development prior to final plat. 17. Per city standards, the sewer mains shall be extended within the adjacent frontages to the far property line. With Phase 1, it would be installed within the Two Mile frontage. The main should be installed within West Springcreek with Phase 2. Alternative locations must be reviewed and approved by Public Works. 18. In order to allow for the connection to the Westside Interceptor through the development, the developer shall grant an easement for construction of a sewer line connection at or prior to the time of final plat for Phase 1. 19. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction, except as otherwise provided for herein. 20. Two Mile, Three Mile, and West Springcreek shall be upgraded for the length of the frontage to a level as specified in the Transportation Plan and the Standards for Design and Construction. Two Mile shall be to a major collector standard and both Three Mile and West Springcreek shall be to a minor arterial standard. Improvements may include, but would not necessarily be limited to, widening travel lanes, bike/pedestrian paths, landscape boulevard, streetlights, and curb/gutter. Dedication of additional right-of-way will be required for improvements for the adjoining roadways, as well as for the future roundabout at the intersection of Three Mile Drive and West Springcreek. Improvements for Two Mile shall be installed with Phase 1 and improvements for both Three Mile and West Springcreek shall be installed with Phase 2. 21. Internal streets would include streets built to local/collector design standards pursuant to the Standards for Design and Construction including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. The parkway cross section, which is a requested deviation, would provide an alternative design. At the west end of Triple Creek Drive, there shall be a hammerhead turnaround or other approved alternated design to accommodate snow plowing and emergency access. 22. The roundabout shown in Phase 2 shall be reviewed as part of the Phase 2 plat. A turning movement distribution shall be provided if a compact roundabout is to be built. If justified, adequate right-of-way shall be dedicated to provide a single lane, compact roundabout with a minimum 80-foot diameter. 31 23. Alleys included within the plan shall be maintained as private alleys with public utility easements. Under Sec 28.3.15, the rowhouses cannot have access onto the street due to their width and the access shall only be from an alley. Additionally, any lot located on the collector with an alley shall access only from the alley pursuant to the requested deviation allowing access for some lots onto the collector. 24. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision." 25. Prior to final plat, all mitigation recommended as part of the approved traffic impact study relative to the given phase shall be completed. All improvements shall be reviewed and approved by the Public Works Department. Per the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Improvements necessary to maintain the existing level of service will be required. 26. Based on the Traffic Impact Study ("TIS") and city review of the TIS, there are several areas which require mitigation. (a) Intersection of Three Mile Drive and West Springcreek: Phase 1 of the project does not appear to sufficiently impact the intersection, and review of later phases shall take the intersection into account with additional analysis and review at that time. (b) Intersection of the internal collector road and Three Mile Drive: When the collector road is constructed, it shall include a northbound right turn lane. (c) Intersection of Camp Crook Avenue and Three Mile Drive: Northbound left-hand turns shall be restricted. This improvement shall be installed with the first phase unless otherwise determined by the Public Works Department. (d) Intersection of Heaven's Peak and Three Mile Drive: The developer shall provide a 14-hour intersection turning movement study and install a signalized intersection at Three Mile Drive and Heaven's Peak Drive when warrants are met per Manual on Uniform Traffic Control Devices and MDT. (e) Intersection of Stillwater Road and Three Mile Drive: The developer shall provide a 14-hour intersection turning movement study to determine if a signal is warranted. When warranted, staff recommends a regional SID to construct the signal. 27. The proposal shows that fencing will be included as part of the project to buffer the eastern and northern borders of phase 1 as needed. Fencing will be required to be reviewed and approved by the city Architectural Review Committee, which shall ensure a consistency of colors and materials to be used to present an aesthetically pleasing design. 32 28. The recommendations in the Geotech report shall be followed. 29. Basements are not allowed within the development unless appropriately designed with waterproofing and other design elements required by the Kalispell Building Department. All building sites within the development shall be subject to additional review if required by the Kalispell Building Department including, but not necessarily limited to, site specific geotechnical investigation. 30. Further study of the southeast corner of Phase 1 shall be completed to ensure that any building sites are not unduly impacted by the presence of hydric soils. 31. Under Section 28.3.06 of the subdivision regulations, the development shall maintain a minimum 100-foot setback from wetlands to any proposed lot boundaries. Under Section 28.3.07, the development shall limit uses within the 50-foot setback from the stream. 32. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 33. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 34. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 35. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 36. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas, including, but not necessarily limited to, roads, parks and open space. Maintenance of any private roads and alleys shall include both short 33 term and long-term maintenance including, but not necessarily limited to, snow plowing, landscaping, sidewalks, street repairs, overlays, and rebuilds of the street. 37. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. 38. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision, common area, and adjoining rights -of -way. The approved landscape plan shall be implemented or a cash -in -lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 39. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase 1, and the plan shall show that the parkland dedication requirement is met for each phase. 40. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 41. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 42. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 43. All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 44. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 34 Kalispell Growth Policy Exhibit, 12-9-2021 GKM Associates LLC Tract -ID 2822X1 1 -XXX-4A Subject Property JNW Commercial JW Urban Mixed Use Suburban High Density Residential Residential Urban Residential Suburban Residential City Airport -Gov. Public/Quasi Public, Openspace - Floodway Industrial Neighborhood Commercial r z THREE MILE Suburban Residential Y w a DR CREEK DR HARTT Date: 12-9-2021 Kalispell Development Services FilePath: J/2021/12092021 "`Y°k KALISPELL 500 ''°°° MtCadastral data: 11032021 Feet